Terms of service

TERMS OF PURCHASE

This document sets out the Terms of Purchase applicable to transactions carried out through https://arbara.es/, owned by SAT Nº 5 EL CIERZO (hereinafter, “the merchant”). This contractual agreement governs the purchase–sale relationship between the merchant and the consumer (hereinafter, “the customer”), in accordance with current Spanish law.

The purchase of any product offered on the merchant’s website implies the customer’s knowledge and express acceptance of these conditions. Therefore, the customer is advised to read these Terms of Purchase carefully before placing any order and to keep a copy for future reference.

The merchant reserves the right to modify these Terms of Purchase at any time and without prior notice. Modifications will take effect from their publication on the website and will only apply to contracts concluded after such publication.

1. Identification of the Merchant

This section provides the relevant and necessary information about the merchant’s identity, in accordance with current Spanish consumer protection regulations.

Trade Name: ARBARA
Corporate Name: SAT Nº 5 EL CIERZO
Tax ID (CIF): F50068980
Registered/Tax Address: Ctra. N-232, Km. 278–279, 50640 Luceni (Zaragoza)
Postal Address: c/ Maestro Estremiana, 1, 50006 Zaragoza
Telephone: 976 251 716
Email: arbara@arbara.es

The merchant is the owner of the website https://arbara.es/ through which the products covered by these Terms of Purchase are offered.

The merchant undertakes to conduct commercial transactions in a clear and transparent manner, ensuring fair and lawful treatment of customers, in accordance with Spanish regulations and good commercial practices.

Any communication or claim that the customer wishes to make to the merchant may be sent to the contact address provided and will be handled as soon as possible, in accordance with the established procedures.

2. Privacy / Personal Data Protection

SAT Nº 5 EL CIERZO complies with current personal data protection regulations, specifically Organic Law 3/2018 of 5 December on Personal Data Protection and guarantee of digital rights, and the General Data Protection Regulation (EU) 2016/679.

For more information about what personal data processing we may carry out about you on our website and how we use such data, please consult our website’s Privacy Policy.

3. Description of Products/Services

The products offered for sale by SAT Nº 5 EL CIERZO are presented on the website with a detailed description that enables the buyer, before placing the order, to know the essential characteristics of the products they wish to purchase. SAT Nº 5 EL CIERZO undertakes to ensure that the photographs and illustrative texts used to describe the products are as precise and accurate as possible.

However, the customer is informed that the images or photographs of the products offered for sale are indicative only, due to color and appearance differences that may exist because of the buyer’s screen and the technology used. Therefore, SAT Nº 5 EL CIERZO does not guarantee a perfect match between the photographs or graphics shown on the website and the final product, but strives to ensure that all visual representations faithfully assist in assessing the product.

The products conform to Spanish specifications and have been manufactured in accordance with European Union standards.

The customer is responsible for the choice and purchase of a product. SAT Nº 5 EL CIERZO assumes no liability for the buyer’s choice and its suitability for their needs or expectations.

If the delivered product does not correspond to its description on the website, the customer may exercise the right of withdrawal or the conformity guarantee that SAT Nº 5 EL CIERZO offers under the conditions set out in the corresponding sections of these Terms of Purchase.

4. How to Place an Order

The purchasing process on our platform is designed to be clear, simple, and compliant with current Spanish law, in particular Act 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) and Royal Legislative Decree 1/2007 approving the consolidated text of the General Law for the Defense of Consumers and Users (TRLGDCU).

To make a purchase, the customer must follow these steps:

  1. Product Selection: Browse our catalog and select the products you wish to purchase. Once a product is selected, you can add it to your shopping cart by clicking the corresponding button or complete the purchase with Shop.

  2. Shopping Cart: Review the products added to your cart. At this stage you can change quantities or remove products if you wish. To continue, choose to “pay order,” Shop, Google Pay, or continue shopping to add more products.

  3. Sign In: If you are already registered on our platform, enter your email and we will send a code to your email so you can access.

  4. Delivery Details: Provide or confirm the shipping address where you want to receive your order. Ensure all details are correct to avoid delivery issues.

  5. Payment Method Selection: Choose your preferred payment method from the available options (credit card, Shop, Google Pay, etc.). All payment information will be handled securely and confidentially.

  6. Order Confirmation: Before finalizing, you will see an order summary with product details, prices, applicable taxes, shipping costs, and the total to pay. You must confirm you have read and accept these Terms of Purchase and the Privacy Policy.

  7. Payment: Once confirmed, proceed with payment according to the selected method. The purchase is not considered complete until payment has been successfully processed and we have received confirmation.

  8. Purchase Confirmation: After payment is accepted, you will receive a confirmation email with the details of your purchase and the corresponding invoice. This email confirms your order has been accepted.

  9. Order Tracking: We will provide a tracking number so you can track the status of your order until delivery.

If any problem arises during the purchase process or you need additional assistance, you can contact our customer service through the channels provided on our platform.

The customer must ensure that truthful and up-to-date information is provided at all stages of the purchase process. Omission or provision of incorrect data by the customer may result in the inability to process the order or deliver the purchased products.

5. Prices

Prices will be those in force at the time the customer confirms the order and are valid except for typographical error or the end of a promotion. Published prices are expressed in euros (€) and include the Value Added Tax (VAT) applicable in Spain on the invoice date.

These prices are valid for orders placed within Spain. For orders destined for other European countries, prices will remain the same, but applicable taxes and possible additional costs (such as duties or customs fees) may vary according to the destination country’s regulations and will be indicated during the purchase process.

We reserve the right to modify prices at any time; however, we undertake to apply the rates in force indicated at the time you place your order, provided the product is available on that date.

Offers will be duly marked and identified as such, indicating the previous price and the offer price.

6. Payment Methods

The customer may pay for their purchase using the following methods:

  1. Credit or Debit Card: Major credit or debit cards are accepted. The charge will be made in real time through our secure server once the communicated data have been verified as correct.

  2. Shop Pay: This method allows the customer to pay through their Shop Pay account.

  3. Google Pay: This method allows the customer to pay through their Google Pay account.

The customer must ensure that sufficient funds are available at the time of purchase. In the event of bank refusal, the order will be automatically canceled and the customer will be informed by email.

Information and transaction security is a priority for us; we adhere to the highest security standards to protect the confidentiality and integrity of our customers’ data during transactions.

If any error or incident occurs during the payment process, the customer may contact our customer service to resolve the situation as soon as possible.

The corresponding invoice will be sent to the customer in electronic format to the email address provided, or in paper format together with the product, as specified during the purchase process.

7. Delivery Times and Methods

Delivery of products purchased through our website will take place as follows:

  • Geographical Scope of Delivery: SAT Nº 5 EL CIERZO ships within Spain. We also ship to European countries. Conditions, costs, and delivery times for these European destinations will be detailed during the purchase process or in the specific product information.

  • Carriers: Shipments will be made by courier and transport companies selected by SAT Nº 5 EL CIERZO, ensuring efficient, quality service for product delivery.

  • Delivery Times: The estimated delivery time will be communicated to the customer during the purchase process and will begin from order payment confirmation. Delivery times are indicative; while SAT Nº 5 EL CIERZO strives to meet them, any delay will not imply order cancellation or any compensation.

  • Shipping Costs: If applicable, shipping costs will be communicated to the customer upon providing the shipping address. These costs may vary depending on the weight, volume, and destination of the shipment.

  • Shipment Tracking: Once the order has been shipped, the customer will receive a tracking number to check the order status on the carrier’s website.

  • Order Receipt: It is the customer’s responsibility to ensure delivery can be received at the provided address. In case of absence, the carrier will leave a notice to arrange a new delivery.

  • Delivery Incidents: If delivery cannot be made for reasons attributable to the customer (incorrect address, repeated absences, etc.), SAT Nº 5 EL CIERZO will not be responsible for any costs arising from managing the delivery.

  • Multiple Products: If an order includes several products, a single shipment will be made. If, for logistical reasons, more than one shipment is necessary, the customer will not incur additional costs.

  • Transfer of Risk: The risk of loss or damage to the products passes to the customer when they or a third party indicated by them, other than the carrier, acquires material possession of the goods.

SAT Nº 5 EL CIERZO undertakes to comply with current regulations on e-commerce and distance contracting with respect to product shipping and delivery processes.

8. Warranty and Returns

All products purchased through our platform are subject to the applicable guarantees under current Spanish law, in particular, in accordance with Law 3/2014 of 27 March amending the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.

Products carry a three-year warranty from the date of delivery, during which the customer may assert their rights if the product purchased is not in conformity with the contract, i.e., if it has manufacturing defects, does not correspond to the description given, or lacks the promised qualities and uses.

The customer must inform SAT Nº 5 EL CIERZO of the lack of conformity within two months of becoming aware of it. Failure to comply with this period will not entail loss of the corresponding warranty right, but the customer will be liable for any damages actually caused by the delay in notification.

In the event of a defective product, SAT Nº 5 EL CIERZO will, as appropriate, repair, replace, reduce the price, or terminate the contract; such actions will be free of charge for the customer. The choice between repair or replacement belongs to the customer, unless one of these options is objectively impossible or disproportionate.

The customer has a period of 14 calendar days from the date of receipt of the product to exercise the right of withdrawal without the need for justification and without penalties, as provided in Articles 102 et seq. of Royal Legislative Decree 1/2007.

To exercise the right of withdrawal, the customer must notify the decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by post, fax, or email). The model withdrawal form we provide may also be used, although its use is not mandatory.

The customer must return or deliver the goods directly without undue delay and, in any event, no later than 14 calendar days from the date on which they inform us of their decision to withdraw from the contract. The deadline shall be deemed met if the goods are returned before that period has expired.

The direct costs of returning the goods will be borne by the customer, unless SAT Nº 5 EL CIERZO has agreed to assume them or has failed to inform the consumer that these costs are their responsibility.

The customer will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Once the products have been received, or the customer has provided proof of their return, all amounts paid will be reimbursed, including delivery costs (except for any additional costs resulting from the customer’s choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and, in any event, no later than 14 calendar days from the date on which we were informed of the decision to withdraw from the contract. The refund will be made using the same means of payment used by the consumer for the initial transaction, unless expressly agreed otherwise; in any case, the customer will not incur any fees as a result of the refund.

For more information on the return process and required forms, please contact our customer service.

9. Right of Withdrawal

In accordance with current Spanish consumer and user protection regulations, the customer has a period of fourteen (14) calendar days from the day of receipt of the products to exercise the right of withdrawal without the need for justification.

To exercise this right, the customer must notify the decision to withdraw from the contract through an unequivocal statement. This may be done by sending an email to the address provided by SAT Nº 5 EL CIERZO or by using the withdrawal form (see the model in Annex I of these Terms of Purchase).

The product must be returned in the same condition in which it was received, unused, with all labels, original packaging, and any related accessories. The direct costs of returning the goods will be borne by the customer, unless SAT Nº 5 EL CIERZO has agreed to assume them or has failed to inform the customer that these costs are payable by them.

Once the product has been received and its condition verified, SAT Nº 5 EL CIERZO will refund the total amount of the purchase, including initial shipping costs, using the same means of payment used by the customer for the initial transaction, unless expressly agreed otherwise. The refund will be made without undue delay and, in any event, no later than fourteen (14) calendar days from the date on which the seller was informed of the decision to withdraw from the contract.

However, SAT Nº 5 EL CIERZO may withhold the refund until the goods have been received, or until the customer has provided proof of their return, whichever condition is met first.

The right of withdrawal does not apply to contracts relating to:

  • The supply of goods made to the consumer’s and user’s specifications or clearly personalized.

  • The supply of goods that may deteriorate or expire rapidly.

  • The supply of sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery.

  • The supply of sealed audio or video recordings or sealed computer software that have been unsealed by the consumer and user after delivery.

For more information on the procedure for exercising the right of withdrawal, the customer may contact SAT Nº 5 EL CIERZO’s customer service.

10. Right of Exclusion

SAT Nº 5 EL CIERZO reserves the right to deny or withdraw access to the portal and/or services offered, without prior notice, at its own request or that of a third party, to those customers who fail to comply with the portal’s Terms of Use.

SAT Nº 5 EL CIERZO will pursue breaches of the portal’s Terms of Use, as well as any improper use of its portal, by exercising all civil and criminal actions available at law.

11. Modifications and Links

SAT Nº 5 EL CIERZO reserves the right to make, without prior notice, any modifications it deems appropriate to its website, and may change, remove, or add both the content and services provided and the way in which they are presented or located, as well as the Terms of Purchase set out here.

SAT Nº 5 EL CIERZO is not responsible for misuse of the content on its website; such responsibility lies solely with the person who accesses or uses them.

If https://arbara.es/ provides links or hyperlinks to other Internet sites, SAT Nº 5 EL CIERZO, as the website creator, will exercise no control over such sites and content. In no case will SAT Nº 5 EL CIERZO assume any responsibility for the content of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity, or constitutionality of any material or information contained in any such hyperlinks or third-party sites. Likewise, the inclusion of these external connections will not imply any association, merger, or participation with the linked entities.

12. Competent Jurisdiction and Dispute Resolution

These Terms of Purchase are governed by current Spanish law, which establishes the requirements and obligations for both the merchant and the customer in the field of e-commerce and consumer protection.

Any modification or update of the aforementioned legislation will apply to the Terms of Purchase from the moment the new regulations enter into force. The customer undertakes to comply with the applicable legal provisions at all times.

To resolve any dispute or conflict arising from these Terms of Purchase, SAT Nº 5 EL CIERZO submits to the competence criteria established in the applicable legislation on consumers and users.

Pursuant to Article 40 of Law 7/2017 of 2 November, incorporating Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters into Spanish law, the customer is informed that they may resort to an accredited alternative dispute resolution entity in the event of any consumer dispute.

Likewise, under Regulation (EU) 524/2013 applicable throughout the European Union, SAT Nº 5 EL CIERZO makes available to customers the following link, which provides access to the EU Online Dispute Resolution platform:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

If the customer has had a problem with a purchase, they may use this means to submit any claim related to said sale or service and to opt for out-of-court resolution of the dispute.

ANNEX I — WITHDRAWAL FORM

(Only complete and send this form if you wish to withdraw from the contract)

To the attention of:
SAT Nº 5 EL CIERZO
CIF F50068980
Calle Maestro Estremiana 1, 50006 Zaragoza, ZARAGOZA
Telephone: 976 251 716
Email: arbara@arbara.es

I hereby inform you that I withdraw from my sales contract for the following good(s):

Order placed on _________________________

Name of the consumer and user

Address of the consumer and user

Signature of the consumer and user

Date _________________________

Data Protection
The data you provide to us will be incorporated into processing operations for which the controller is SAT Nº 5 EL CIERZO, CIF F50068980, address for notifications at Calle Maestro Estremiana 1, 50006 Zaragoza, ZARAGOZA. The purpose of the processing is to provide you with the requested services and to invoice them. Your data will be kept while the business relationship is maintained or for the legally required time. The legal basis for this processing is the contractual relationship. Data will not be disclosed to third parties, except under legal obligation. You may exercise your rights of access, rectification, erasure, restriction, portability, and objection, as well as withdraw consent, by emailing arbara@arbara.es or at the postal address indicated above, duly proving your identity and indicating the right you are exercising. You may also file a complaint with the Spanish Data Protection Agency.